One commenter pointed out the misuse of the term “moderate” v ersus
“serious” to describe nonattainment areas of the state in two places within
the supporting documents. The Department corrected the sta tus in those
documents.
One commenter asked for clariﬁcation on the compliance date s speci-
ﬁed in the proposed new Part 230. The Department veriﬁed a compliance
date of 6 months for those GDFs that become subject to federal Stage I
vapor recovery requirements and a compliance date of 12 months after the
effective date of the rule for the removal of Stage II vapor re covery
systems.
Justiﬁcation for Regulatory Changes
One commenter suggested that the opportunity for job growth as a result
of the proposal for those servicing GDFs may be a driving forc e for the
rule changes. The Department explained that the goal of the r ulemaking
was to reduce emissions of volatile organic compounds (VOCs ) in New
York State and that job growth in this sector is merely a consequence of a
proposed regulation designed to protect the environment.
Beyond the Federal Rule
One commenter requested justiﬁcation for the proposal exce eding the
federal GDF standards. The Department defended its positio n to require
medium-sized GDFs in an ozone nonattainment area of the state to comply
with federal Stage I vapor recovery requirements to help the state meet the
NAAQS and reasonably available control technology (RACT) r equire-
ments established under the CAA.
Emissions
Three commenters expressed that the estimated emission reductions for
this proposal are low and would have a very small impact on air quality.
The commenters also pointed out that current air quality in N ew York
State is improved as a result of the stay home orders due to the pandemic.
Based on the preceding, commenters concluded that new regul ations to
control air pollutant emissions are unnecessary. The Department conveyed
that the state faces a signiﬁcant health challenge from the e ffects of
ground-level ozone caused, in part, by emissions of gasolin e vapors and
the importance of reducing any amount of pollutant emissions as necessary.
The commenters were also reminded that the CAA requires RACT for
VOC sources in areas that do not meet the NAAQS and that New York is
required to include permanent enforceable and veriﬁable emission reduc-
tions in the State Implementation Plan (SIP) and we cannot as sume that
temporary changes in emissions due to the pandemic will beco me
permanent.
Compliance Costs
Two commenters were concerned that the costs imposed by the regula-
tory changes were underestimated and that some were unjusti ﬁed. The
Department explained that cost estimates were obtained from various GDF
service providers currently doing business in New York Stat e and costs
can vary from vendor to vendor. It was emphasized that costs a re associ-
ated with the requirement for medium-sized GDFs in the New York Met-
ropolitan area (NYMA) to comply with the federal Stage I vapor recovery
standards but that no new costs are being imposed as a result of any other
requirements in the proposed new Part 230.
One commenter suggested high cost for continuous monitoring controls
was a regulatory burden. The Department clariﬁed that continuous moni-
toring of the vapor space was not part of the proposed new Part 230.
Two commenters expressed concerns that submerged ﬁll pipes and dual-
point collection systems on all gasoline storage tanks woul d be overly
burdensome on industry. The Department clariﬁed that these vapor control
requirements are already mandated for all GDFs in the state b y the New
York State Fire Code and the federal regulations in 40 CFR Part 63 Subpart
CCCCCC (Subpart 6C).
One commenter argued that the removal of Stage II vapor recov ery
systems was unnecessary. The Department countered that the removal of
these systems is being proposed due to equipment incompatib ility with
ORVR systems installed on approximately 96% of vehicles in t he state.
Leaving them in place is causing excess emissions of VOC into the atmo-
sphere and the decommissioning of these systems will help Ne w York
State attain the ozone standard.
Cost/Beneﬁt Analysis
Three commenters recommended that the Department redo the c ost/
beneﬁt analysis that was performed as part of the proposal ci ting lower
emissions from GDFs due to less gas being pumped as result of t he
pandemic. The Department stressed that the NYMA is still in n onattain-
ment for the ozone NAAQS and emission sources of VOC are required to
implement RACT to reduce those emissions under the CAA. The Depart-
ment further emphasized that New York State is required to in clude per-
manent enforceable and veriﬁable emission reductions in the SIP and can-
not base controls on temporary changes in emissions.
Impact on Small Businesses
Two commenters conveyed that most GDFs are small business be ing
unfairly targeted and adversely affected by the proposed re gulation. The
Department stated that the proposal is not expected to have u nfair oradverse impacts on small businesses since the requirements will apply
statewide, in varying degrees, to all GDFs and that the regul ation was
intended to create air quality beneﬁts for the entire state.
One commenter challenged the estimation of cost savings from the pro-
posal and asserted that any beneﬁts would be in the form of jobs for GDF
service providers. The Department explained the cost savings realized by
eliminating the need to maintain costly Stage II vapor recov ery systems
and by reducing lost gasoline product due to the incompatibi lity of these
systems.
One commenter expressed concern that the proposed regulatory changes
would impose signiﬁcant and costly burdens on upstate GDF owners and
operators. The Department conﬁrmed there would be no new cos ts or
compliance burdens for any GDFs outside the NYMA as a result o f this
proposal since these facilities are already subject to thes e requirements
under the New York State Fire Code and the federal GDF regulation.
Suggested Alternatives to Proposal
Three commenters expressed that the Department should resc ind the
current proposal and merely adopt the federal regulation in Subpart 6C.
The Department pointed out that a major part of the proposal is adoption
of the federal requirements and that not adopting current fe deral require-
ments would leave the regulated community with overlapping and contra-
dictory requirements. The regulation goes beyond federal requirements in
regards to medium sized GDFs in the NYMA in order to provide ne ces-
sary emissions reductions in an area of the state that is in nonattainment.
Requests for Additional Information
One commenter requested information on the modeling that wa s used
to demonstrate when the New York State vehicle ﬂeet would be in “wide-
spread use” – meaning when Stage II was determined to be no longer use-
ful in reducing emissions of VOCs. The Department referenced the analy-
sis performed in 2011 which included modeling of the ﬂeet and explained
that the results of that analysis were forwarded to EPA for approval to al-
low removal of Stage II vapor recovery systems.
Outside Scope of Rulemaking
Several comments were received that were outside the scope o f this
rulemaking.
NOTICE OF ADOPTION
Consumer Products
I.D. No. ENV-06-20-00019-A
Filing No. 8
Filing Date: 2021-01-12
Effective Date: 30 days after ﬁling
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following action:
Action taken: Amendment of Parts 200 and 235 of Title 6 NYCRR.
Statutory authority: Environmental Conservation Law, sections 1-0101,
3-0301, 3-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0302, 19-0303,
19-0305, 71-2103 and 71-2105
Subject: Consumer Products.
Purpose: Reduce V olatile Organic Compound emissions from Consumer
Products – those products used in the average household.
Substance of ﬁnal rule: The Division of Air Resources is revising 6
NYCRR Part 235, “Consumer Products” (Part 235) to reduce vol atile
organic compound (VOC) emissions, improve air quality, and promote
regional product consistency. The revisions will help the s tate attain
federal National Ambient Air Quality Standards, and work toward region-
ally consistent regulations amongst the Ozone Transport Co mmission
(OTC) states.
The revisions include adding nine new product categories and revising
ten existing categories in order to reduce the VOC content of the products
through lower VOC content limits. Part 200 will be revised to incorporate
referenced materials, including American Society for Test ing Materials
(ASTM) testing procedures, the California Air Resources Board (CARB)
provisions supporting this regulation, and to update references to Part 235.
Part 235 will be revised to incorporate new deﬁnitions and re vise some
categories in the existing deﬁnitions. Additionally, Subp art 235-3 will be
updated to add new VOC limits, conform to the revised deﬁniti ons and
product categories, and to remove obsolete text and references.
Changes throughout the proposal include a January 1, 2022 compliance
date for the new VOC limits on new and reformulated products i n the
regulation. Likewise, changes were made in the deﬁnitions s ection to
provide transitional language, where necessary, for those categories of
products that were redeﬁned or revised, to cite which emissi on standards
apply before or after the compliance date of the regulation.
The revisions include setting VOC content limits for nine new productNYS Register/January 27, 2021 Rule Making Activities
16categories and lowering the VOC content limits for ten exist ing product
categories. New product categories include deﬁnitions for the following
terms: aromatic compound, artist’s solvent or thinner, aut omotive wind-
shield cleaner, high temperature coating, industrial main tenance coating,
paint thinner, sanitizer, temporary hair color, and zinc rich primer. Revised
deﬁnitions include: contact adhesive, electronic cleaner, fabric protectant,
ﬂoor polish or wax, general purpose cleaner, general purpos e degreaser,
lubricant, multi-purpose solvent, oven or grill cleaner, and rubber or vinyl
protectant.
The lower VOC limits will be applied to adhesives, some autom otive
cleaners and solvents, disinfectants, household ﬂoor and f urniture clean-
ers, paint thinners and some hair care products, among other product cate-
gories, as follows:
‘VOC Content Limit’ (‘percent by weight’)
‘Product
Category’Manufactured
on or after
January 1, 2005Manufactured
on or after
January 1, 2010Manufactured
on or after
January 1, 2022
Adhesives:
Construction,
Panel, and
Floor
Covering 15 7
Air Fresheners:
Dual Purpose
Air
Freshener /
Disinfectant 60
Anti-static
Product:
Aerosol 80
Non-aerosol 11
Automotive
Brake
Cleaner[s] or
Brake
Cleaner 45 10
Automotive
Windshield
Cleaner 35
Bathroom and
Tile
Cleaners:
All Other
Forms 5 n/a
Non-Aerosol 1
Carburetor or
Fuel-
Injection Air
Intake
Cleaners 45 10
Disinfectant:
Aerosols 70‘VOC Content Limit’ (‘percent by weight’)
‘Product
Category’Manufactured
on or after
January 1, 2005Manufactured
on or after
January 1, 2010Manufactured
on or after
January 1, 2022
Non-Aerosols 1
Engine
Degreasers:
Aerosols 35 10
Floor Polishes/
Waxes:
Products for
Flexible
Flooring
Materials 7 1
Products for
Nonresilient
Flooring 10 1
Furniture
Maintenance
Products:
Aerosols 17
All Other
Forms
Except Solid
or Paste 7 n/a
Non-Aerosol
(Except
Solid or
Paste) 3
General
Purpose
Cleaners:
Aerosols 10 8
General
Purpose
Degreasers:
Aerosols 50 10
Laundry Starch
Products 5 4.5
Multi-Purpose
Solvent 3
Nail Polish
Remover 75 1
Oven or Grill
Cleaners:
Aerosol/Pump
Sprays 8
Liquids 5
Non-Aerosols 4
Paint Thinner 3
Sanitizer:
Aerosol 70
Non-Aerosol 1
Shaving Gel 7 4
Temporary Hair
Color:
Aerosol 55
Final rule as compared with last published rule: Nonsubstantial changes
were made in sections 235-2.1(v), (w), (ae), (bf), (bn), (cs ), (cv), (dp),
(dv), (eb), (ew), (ey), (fq), (gk), 235-3.1(a), (e), (o) and (p).NYS Register/January 27, 2021 Rule Making Activities
17Text of rule and any required statements and analyses may be obtained
from: Kenneth Newkirk, P.E., NYSDEC, Division of Air Resources, 625
Broadway, Albany, NY 12233-3255, (518) 402-8396, email:
air.regs@dec.ny.gov
Additional matter required by statute: Pursuant to Article 8 of the State
Environmental Quality Review Act, a Short Environmental As sessment
Form and a Coastal Assessment Form have been prepared and are on ﬁle.
Summary of Revised Regulatory Impact Statement
1. INTRODUCTION
The New York State Department of Environmental Conservatio n
(Department) Division of Air Resources (DAR) revised 6 NYCR R Part
235, “Consumer Products” (Part 235), to reduce volatile organic compound
(VOC) emissions, improve air quality, and promote regional consistency.
The revisions will help the state comply with federal Clean Air Act (CAA)
requirements pertaining to attainment and maintenance of t he ozone
National Ambient Air Quality Standards (NAAQS), and maintain regional
product consistency in accordance with a memorandum of understanding
(MOU) dated June 3, 2010 among the Ozone Transport Commissio n
(OTC) states. The revisions include adding new categories a nd revising
others in order to make the New York regulation consistent with the 2010
OTC model rule as amended through 2013 and regulations adopt ed by
nearby states. Additionally, 6 NYCRR Subpart 235-3, “Stand ards”
(Subpart 235-3) will be updated to conform to the revised deﬁnitions and
product categories, and to remove obsolete text and references. This pro-
posal will also make attendant changes to 6 NYCRR Part 200, “G eneral
Provisions” (Part 200).
2. STATUTORY AUTHORITY
The statutory authority for the promulgation of Part 235 and the atten-
dant revision to Part 200 is found in the New York State Enviro nmental
Conservation Law (ECL) Sections 1-0101, 3-0301, 3-0303, 19 -0103, 19-
0105, 19-0107, 19-0301, 19-0302, 19-0303, 19-0305, 71-210 3, and 71-
2105.
3. LEGISLATIVE OBJECTIVES
Article 19 of the ECL was enacted to safeguard the air resourc es of
New York from pollution and ensure protection of the public h ealth and
welfare, the natural resources of the state, and physical pr operty by
integrating industrial development with sound environmental practices. It
is the policy of the State to require the use of all available, practical and
reasonable methods to prevent and control air pollution in N ew York. To
facilitate this objective, the Legislature granted speciﬁc powers and duties
to the Department, including the power to adopt and promulga te regula-
tions to prevent, control and prohibit air pollution. The pr ovisions cited
above clearly provide the Department with the requisite authority to adopt
this regulation.
4. NEEDS AND BENEFITS
New York faces a signiﬁcant public health challenge from ground-level
ozone, which causes health effects ranging from respirator y disease to
death. In response to this public health concern, New York ha s enacted a
series of regulations designed to control ozone and its chem ical precur-
sors, including VOCs. In an effort to achieve reductions of V OC emis-
sions in the state, New York has promulgated regulations under Part 235 to
limit the VOCs emitted by a group of household and commonly us ed
products, collectively known as consumer products.
A. Background
The Department estimates that 164,200 tons of VOCs were released in
the state during 2014 from consumer products and architectu ral and
industrial maintenance coatings.1It is essential that the Department adopt
stringent consumer product emissions limitations to protect human health
and the environment. The current version of the consumer products regula-
tions in New York State is based on a 1996 version of regulations effective
in California as required by Section 183 of the Clean Air Act. 42 USC
7511b.
In order to reduce VOCs from consumer products in California , the
South Coast Air Quality Management District (SCAQMD) adopted a rule
in March 2009 to reduce the VOC content of paint thinners and m ulti-
purpose solvents to 300 grams per liter (g/l) effective January 1, 2010 and
then to 25 g/l effective January 1, 2011. The California Air R esources
Board (CARB) amended its consumer products regulation to li mit VOCs
in certain product categories to 30 percent VOC by weight, as of December
31, 2010, and to a limit of three percent, by December 31, 2013. CARB’s
regulation also provided a three-year sell-through period in which
noncompliant solvents, produced before the compliance dea dline, could
be sold.
In order to adopt the California regulations on the east coast, DAR staff
led the OTC process to develop a new consumer products model r ule,
largely based on Suggested Control Measures (SCM) develope d by
CARB. The ﬁnal model rule, for use by all OTC states, supports the ap-
plication of consistent product standards amongst states t o address the
regional nature in which consumer products are sold and dist ributed. OnJune 3, 2010, the OTC adopted a Resolution wherein member states agreed
to pursue, as necessary and appropriate, state-speciﬁc rul emakings to
update rules in accordance with the 2010 OTC Consumer Products Model
Rule. The 2010 OTC Model Rule was revised on May 10, 2012 to include
CARB’s limits for multi-purpose solvents and paint thinners based on the
CARB 2009 Consumer Products Regulatory Amendments. The OTC
revised the model rule again on May 21, 2013 with a minor amend ment
that did not affect emissions calculations.
To adopt the limits in the 2010 OTC Model Rule as amended throu gh
2013, Part 235 must be revised to add new categories and revis e others.
New categories include: “Artist’s Solvent/Thinner,” ‘‘Pa int Thinners and
Multi-Purpose Solvents,” and “Dual Purpose Air Freshener/Disinfectant.”
Revised categories include the deﬁnitions of “Air Freshene r” and
“Sanitizer” in order to include a category of ‘‘Dual Purpose Air Freshener/
Disinfectant,’’ and revising the deﬁnition of ‘‘Oven Clean er’’ to become
‘‘Oven or Grill Cleaner.’’ A new deﬁnition of ‘‘Zinc Rich Primer’’ is also
included in the rule. The Table of Standards (Subpart 235-3) will be
updated to conform to the revised deﬁnitions and product categories, and
to remove obsolete text and references. The revisions will also provide ad-
equate lead time to manufacturers to comply with the rule and will not be
applied retroactively.
B. Beneﬁts
Revisions to Part 235 are expected to reduce VOC emissions fr om
products used throughout the state. As a result of these prod uct formula-
tion revisions, the amount of VOC released to the air is expec ted to be
reduced by 5.3 tons per day (approximately 1900 tons per year ). Since
emissions from consumer products are highest in population centers, the
reduction in the New York City metropolitan area, where the o zone stan-
dard is exceeded, is expected to be 3.4 tons per day.
5. COSTS
The changes are not expected to have any signiﬁcant impacts o n pro-
duction costs and the Department does not expect manufactur ers to pass
on the cost of compliance to consumers in the form of increase d retail
prices. The new product formulations are already available for sale in the
marketplace and the rule should have no adverse impact on con sumer
costs.
Adoption of this proposal would promote consistency with other states
in the northeast and uniformity of product requirements and would help
eliminate different versions of the regulatory standards b eing applied to
products in the states in the northeast; thereby reducing th e costs and
complexities of compliance across markets with different p roduct VOC
requirements.
6. LOCAL GOVERNMENT MANDATES
The regulations would not impose any additional mandates on local
governments. The products will be distributed in the same manner as they
have been, and the responsibility to provide products compl iant with the
regulation lies upon the manufacturers and distributors of the products.
This is not a mandate on local governments pursuant to Execut ive Order
17.
7. PAPERWORK
The regulations would not impose any paperwork burdens on th e
regulated community. The products will be distributed in the same manner
as they have been, and the responsibility to provide product s compliant
with the regulation lies upon the manufacturers and distrib utors of the
products. No additional paperwork is required by manufacturers or sellers.
8. DUPLICATION
While there are federal rules for consumer products, enacted September
11, 1998, the provisions of the existing and ﬁnal regulations create require-
ments above and beyond the limits in the federal rule in order to address
air quality improvement efforts in New York.
9. ALTERNATIVES
DEC considered four alternatives to the rule:
1) No Action. The severity of New York State’s air quality pro blems
requires more VOC reductions than this option would provide.
2) New York could adopt some, but not all, of the proposed amendments.
Given the regional nature of consumer product sales and distribution, and
commitments by the Department to the other OTC states to adopt consis-
tent regulations, this option is preferred.
3) New York could revert to federal emissions standards. The severity
of New York State’s air quality problems requires more VOC re ductions
than this option would provide.
4) New York could go further and adopt the current CARB standa rds,
which exceed the consensus limitations developed in the OTC model rule
process. This would make New York consistent with only California, and
would make it difﬁcult for manufacturers to comply with the r egulations
in the Northeast. It would also create a difﬁcult enforcemen t scenario
because of the regional nature in which products are sold and distributed.
10. FEDERAL STANDARDS
The EPA adopted national consumer product standards in Sept ember
1998. The OTC model rule amendments, which form part of the ba sis ofNYS Register/January 27, 2021 Rule Making Activities
18the revisions to Part 235, Consumer Products Rule, include l imits which
are more restrictive than federal standards. These include stricter VOC
limits for 14 existing consumer product categories and 3 new categories.
11. COMPLIANCE SCHEDULE
The rule takes effect 30 days after ﬁling with the New York Sta te
Department of State. The rule streamlines compliance by est ablishing a
single compliance date for all categories subject to the rule, to be January
1, 2022.
— — — — — — — — — — —1VOC emissions from architectural and industrial maintenance coatings
are regulated under Part 205.
Revised Regulatory Flexibility Analysis
The New York State Department of Environmental Conservatio n
(Department) Division of Air Resources (DAR) revised 6 NYCR R Part
235, “Consumer Products” (Part 235), to reduce volatile organic compound
(VOC) emissions, improve air quality, and promote regional consistency.
The revisions will help the state comply with federal Clean Air Act (CAA)
requirements pertaining to attainment and maintenance of t he ozone
National Ambient Air Quality Standards (NAAQS), and maintain regional
product consistency in accordance with a memorandum of understanding
(MOU) dated June 3, 2010 among the Ozone Transport Commissio n
(OTC) states1. The revisions include adding new categories and revising
others in order to make the New York regulation consistent with the 2010
OTC model rule as amended through 2013 and regulations adopt ed by
nearby states. Additionally, 6 NYCRR Subpart 235-3, “Stand ards”
(Subpart 235-3) will be updated to conform to the revised deﬁnitions and
product categories, and to remove obsolete text and references. This pro-
posal will also make attendant changes to 6 NYCRR Part 200, “G eneral
Provisions” (Part 200).
1. EFFECT OF RULE
The rule will apply to consumer products consistently throu ghout the
state. It lowers VOC content in various products, including adhesives,
deodorant, hair care products, and some automotive care pro ducts avail-
able at retail outlets throughout the state. Unless a small business or local
government manufactures products impacted by the rule or engages in the
sale of products that are not in compliance with the rule, these revisions do
not apply to small businesses or local governments who merely sell or of-
fer to sell consumer products that are in compliance with the requirements
of this rule.
2. COMPLIANCE REQUIREMENTS
There are no additional compliance requirements as a result of these
revisions on small businesses or local governments in the St ate. Unless
they engage in the manufacturing of the consumer products re gulated,
they will not be required to document, report, or keep record s on the
consumer products impacted by this regulatory revision. Re tail outlets
will continue to sell consumer products, with slight change s in formula-
tion as required. The formulation changes have already been developed
for and are available in California, Connecticut, Delaware, Maryland, and
New Hampshire.
3. PROFESSIONAL SERVICES
The compliance date of January 1, 2022 will apply statewide t o any
person who sells, supplies, offers for sale, or manufacture s consumer
products for use in New York State. There are no additional requirements
for professional services based speciﬁcally on whether the entity is a small
business or government agency. The rule requires speciﬁed c onsumer
products to be formulated, manufactured and sold in compliance with the
standards in the regulation and that manufacturers produce compliant
products.
4. COMPLIANCE COSTS
The changes are not expected to have any signiﬁcant impacts o n pro-
duction costs and the Department does not expect manufactur ers to pass
on the cost of compliance to consumers in the form of increase d retail
prices. The new product formulations are already available for sale in the
marketplace and the rule should have no adverse impact on con sumer
costs. Any alternative formulations compliant with the reg ulations typi-
cally reduce costs due to the use of less expensive, less comp licated and
less toxic alternative chemicals.
There are no speciﬁc cost impacts for continuing compliance with the
regulation for small businesses or local governments.
5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY
The economic and technological feasibility of the rule has already been
proven for products impacted by the rule. No compliance impacts will be
imposed on small businesses or local governments since the r ules apply
consistently to all areas of the state. The consumer product reformulations
have already been made by manufacturers, and products meeting the stan-
dards are being sold in California, Connecticut, Delaware, Maryland, and
New Hampshire.
6. MINIMIZING ADVERSE IMPACT
The rule is designed to minimize any adverse impacts on local govern-ments, rural areas, or small businesses by applying consistently to all areas
of the state. Manufacturers have developed and made available consumer
products that meet the standards in California, Connecticu t, Delaware,
Maryland, and New Hampshire.
The Department does not anticipate any signiﬁcant adverse impacts on
small businesses or local governments as a result of this rulemaking. Ad-
ditionally, the Department has already undertaken efforts to minimize any
potential impacts by conducting outreach with stakeholders and the Ozone
Transport Commission states, and considered all public com ments
received during the rulemaking process.
7. SMALL BUSINESS AND LOCAL GOVERNMENT PARTICIPA-
TION
The rule is based upon the 2010 OTC model rule as amended throu gh
2013 and developed by the Ozone Transport Commission for adoption by
member states. The OTC effort was undertaken to provide publ ic and
private interests the opportunity to participate in the dev elopment of the
model rule in order to ease implementation of the regulations and provide
consistent product formulations throughout the region.
Potentially affected entities, including those involved i n small busi-
nesses and local governments, were given the opportunity to review and
comment on the draft rulemaking in accordance with State rul emaking
requirements, and all comments received were considered du ring the
development of the requirements.
8. CURE PERIOD OR AMELIORATIVE ACTION
No additional cure period or other opportunity for ameliorative action is
included in the revisions to Part 235. This proposal will not result in im-
mediate violations or impositions of penalties for existin g facilities. To
help reduce impacts on affected sources the rule streamline s compliance
by establishing a single compliance date for all categories subject to the
rule, to be January 1, 2022.
9. INITIAL REVIEW
The initial review of this rule shall occur no later than in th e third
calendar year after the year in which the rule is adopted.
— — — — — — — — — — —1See OTC Website - http://www.otcair.org/document.asp?
Fview=Formal Actions for document “MOU_adoption_of_
new_regional_controls[1][1].pdf”
Revised Rural Area Flexibility Analysis
The New York State Department of Environmental Conservatio n
(Department) Division of Air Resources (DAR) revised 6 NYCR R Part
235, “Consumer Products” (Part 235), to reduce volatile organic compound
(VOC) emissions, improve air quality, and promote regional consistency.
The revisions will help the state comply with federal Clean Air Act (CAA)
requirements pertaining to attainment and maintenance of t he ozone
National Ambient Air Quality Standards (NAAQS), and maintain regional
product consistency in accordance with a memorandum of understanding
(MOU) dated June 3, 2010 among the Ozone Transport Commissio n
(OTC) states1. The revisions include adding new categories and revising
others in order to make the New York regulation consistent with the 2010
OTC model rule as amended through 2013 and regulations adopt ed by
nearby states. Additionally, 6 NYCRR Subpart 235-3, “Stand ards”
(Subpart 235-3) will be updated to conform to the revised deﬁnitions and
product categories, and to remove obsolete text and references. This pro-
posal will also make attendant changes to 6 NYCRR Part 200, “G eneral
Provisions” (Part 200).
1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS
The regulation applies statewide, and as such, will apply consistently to
all rural areas throughout the state.
2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE
REQUIREMENTS; AND PROFESSIONAL SERVICES
The compliance requirements will apply statewide to any per son who
sells, supplies, offers for sale, or manufactures consumer products for use
in the State of New York. There are no reporting, recordkeepi ng or other
compliance requirements nor any need for professional serv ices based
speciﬁcally on a person’s or manufacturer’s location in rur al areas of the
state. The rule requires speciﬁed consumer products to be fo rmulated,
manufactured and sold in compliance with the standards in the regulation,
and that manufacturers produce compliant products. The rev isions estab-
lish a single compliance date, January 1, 2022, for all categories subject to
the rule.
3. COSTS
The Department does not anticipate any capital or annual cos ts to
comply with the rule that are speciﬁc to rural areas of the state since prod-
uct formulations under the regulation will apply to all area s of the state
consistently. There are no speciﬁc cost impacts for public nor private enti-
ties in rural areas of the state.
4. MINIMIZING ADVERSE IMPACT
The rule is designed to minimize any adverse impacts on rural areas by
applying consistently to all areas of the state. Manufacturers of consumerNYS Register/January 27, 2021 Rule Making Activities
19products have developed and marketed products that meet the standards in
California, Connecticut, Delaware, Maryland, and New Hampshire.
5. RURAL AREA PARTICIPATION
The Department developed the regulation after the Ozone Tra nsport
Commission developed the model rule to be applied to the northeast states.
The OTC effort was undertaken to enable public and private in terests to
participate, to ease implementation of the regulations, and to provide con-
sistent product formulations throughout the region.
Additionally, potentially affected entities in all areas, including rural,
were given the opportunity to review and comment on the draft rulemak-
ing in accordance with State rulemaking requirements, and a ll comments
received were considered during the development of the requ irements.
Because the regulation applies consistently throughout the state, adoption
or modiﬁcation of procedural rules will be consistent throughout the state.
6. INITIAL REVIEW
The initial review of this rule shall occur no later than in th e third
calendar year after the year in which the rule is adopted.
— — — — — — — — — — —1See OTC Website - http://www.otcair.org/document.asp?
Fview=Formal Actions for document “MOU_adoption_of_
new_regional_controls[1][1].pdf”
Revised Job Impact Statement
The New York State Department of Environmental Conservatio n
(Department) Division of Air Resources (DAR) revised 6 NYCR R Part
235, “Consumer Products” (Part 235), to reduce volatile organic compound
(VOC) emissions, improve air quality, and promote regional consistency.
The revisions will help the State comply with federal Clean Air Act (CAA)
requirements pertaining to attainment and maintenance of t he ozone
National Ambient Air Quality Standards (NAAQS), and maintain regional
product consistency in accordance with a memorandum of understanding
(MOU) dated June 3, 2010 among the Ozone Transport Commissio n
(OTC) states1. The revisions include adding new categories and revising
others in order to make the New York regulation consistent with the 2010
OTC model rule as amended through 2013 and regulations adopt ed by
nearby states. Additionally, 6 NYCRR Subpart 235-3, “Stand ards”
(Subpart 235-3) will be updated to conform to the revised deﬁnitions and
product categories, and to remove obsolete text and references. This pro-
posal will also make attendant changes to 6 NYCRR Part 200, “G eneral
Provisions” (Part 200).
1. NATURE OF IMPACT
There will be little, if any impact on jobs and employment opportunities
in the State. Manufacturers of consumer products have devel oped and
market products that would meet these standards in California, Connecti-
cut, Delaware, Maryland and New Hampshire, where rule limits identical
to DEC’s rule have already been adopted.
2. CATEGORIES AND NUMBERS AFFECTED
There will be little, if any impact on any speciﬁc category of jobs or
employment opportunities in the State. Retail outlets will continue to sell
consumer products, with slight changes in formulation already developed
for and available in California, Connecticut, Delaware, Ma ryland, and
New Hampshire.
3. REGIONS OF ADVERSE IMPACT
The regulation applies statewide, and as such, there will be no dispropor-
tionate adverse impact on existing jobs, nor will it disprop ortionately
promote the development of new employment opportunities. T herefore,
the Department does not anticipate any region-speciﬁc adverse impacts.
4. MINIMIZING ADVERSE IMPACT
The Department does not anticipate any signiﬁcant adverse impacts on
existing jobs nor on the promotion of new employment opportunities as a
result of this rulemaking. Additionally, the Department has already under-
taken efforts to minimize any potential impacts by conducti ng outreach
with stakeholders and the Ozone Transport Commission state s, and
reviewed all public comments received during the rulemaking process.
5. SELF-EMPLOYMENT OPPORTUNITIES
The adoption of revised Part 235 is not expected to result in n egative
impacts to self-employment opportunities.
6. INITIAL REVIEW
The initial review of this rule shall occur no later than in th e third
calendar year after the year in which the rule is adopted.
— — — — — — — — — — —1See OTC Website - http://www.otcair.org/
document.asp?Fview=Formal Actions for document “MOU_adoption_of_
new_regional_controls[1][1].pdf”
Initial Review of Rule
As a rule that requires a RFA, RAFA or JIS, this rule will be ini tially
reviewed in the calendar year 2024, which is no later than the 3rd year af-
ter the year in which this rule is being adopted.
Assessment of Public Comment
General:
Comment 1: Supports the adoption of regionally consistent c onsumer
products regulations based on the OTC Model Rule. (Commenter 1)Comment 2: Supports the proposed new or revised VOC limits. (Com-
menter 1)
Response to Comments 1 and 2: The Department thanks you for yo ur
support of this rulemaking.
Comment 3: The Department is not focusing on the largest emis sion
sources and should pay attention to other emission sectors. (Commenter 2)
Response to Comment 3: The Department is addressing numerous emis-
sion sources in several ways in order to reduce ozone, including by regulat-
ing products that contain ozone precursor pollutant emissi ons. Difﬁculty
in reaching the ozone standard requires that all sectors be a ddressed, and
that reductions be obtained from all sources of volatile organic compounds,
including consumer products. Recent research by the Nation al Oceanic
and Atmospheric Administration, in 2018, has indicated tha t the use of
volatile chemical products (VCPs) – including pesticides, coatings, print-
ing inks, adhesives, cleaning agents, and personal care pro ducts – now
constitutes half of VOC emissions in industrialized cities.
Effective Date:
Comment 4: There is insufﬁcient time from the publication date of the
ﬁnal rule and the January 1, 2021 effective date of the regulation, consider-
ing the need for product manufacturers and distributors to comply with the
regulation. (Commenter 1)
Response to Comment 4: The Department based these Part 235 re vi-
sions on a model rule developed cooperatively with the Ozone Transport
Commission. While products regulated in Part 235 are currently available
for sale in California and various east coast states, the Department recog-
nizes that manufacturers and distributors may still require additional time
in order to address distribution issues and provide complia nt products to
retail outlets. The Department is revising the rule to chang e the compli-
ance date to January 1, 2022.
Technical Corrections:
Comment 5: The Department should make the following technical cor-
rection to Section 235-3.1(e) in the ﬁnal regulation – “(e) ‘ Products
registered under FIFRA’. For those consumer products that are registered
under the Federal Insecticide, …in this Subpart is January 1, 2011 2022.”
(Commenter 1)
Response to Comment 5: The Department has made this technica l
correction. Because the compliance deadline has been changed from Janu-
ary 1, 2021 to January 1, 2022 (see Response to comment 4), this date has
also been changed (to January 1, 2023). The commenter correctly pointed
out that the date for products registered under FIFRA should be one year
beyond the general compliance deadline.
Sell Through of Products:
Comment 6: The Department should revise Section 235-3.1(o) to
provide a reasonable sell-through limitation for the ﬁve product categories
that are subject to new regulatory requirements.” Commenter recommends
the following revisions to Section 235-3.1(o)(1) in the ﬁnal regulation:
“(1) Effective January 1, 2021, no person shall sell, supply ,…or grill
cleaner manufactured on or after January 1, 2021, that contains …” (Com-
menter 1)
Response to Comment 6: After reviewing comments and hearing legiti-
mate concerns from manufacturers, the Department is revising the rule to
include a sell through provision to allow manufacturers to s ell existing
stock of products that were manufactured before the compliance date (also
revised, now January, 1, 2022). Also, see response to Comment 4.
Commenter #1 – HCPA – The Household and Commercial Products
Association
Commenter #2 - Jim Murray adkmurray@yahoo.com
NOTICE OF ADOPTION
Regulations Governing Commercial Fishing for Tautog
(Blackﬁsh)
I.D. No. ENV-12-20-00001-A
Filing No. 15
Filing Date: 2021-01-12
Effective Date: 2021-01-27
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following action:
Action taken: Amendment of Part 40 of Title 6 NYCRR.
Statutory authority: Environmental Conservation Law, sections 13-0105
and 13-0340-d
Subject: Regulations governing commercial ﬁshing for Tautog (blackﬁsh).
Purpose: To revise regulations concerning the commercial harvest of
Tautog in New York State.
Text of ﬁnal rule: Existing paragraph 40.1(a)(7) is repealed.
A new paragraph 40.1(a)(7) is added to read as follows:NYS Register/January 27, 2021 Rule Making Activities
20